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North West Karnataka Road Vs. M/s. Sesa Gova Limited

Court : Karnataka Dharwad

..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....

North West Karnataka Transport Vs. Vijay S/o Davalappa Doddamani

Court : Karnataka Dharwad

..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....

North West Karnataka Transport Corporation Gokul Vs. V V G N Prasad Gu ...

Court : Karnataka Dharwad

..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....

United India Insurance Co. Ltd., Karnool Branch, Vs. North-west Karnat ...

Court : Karnataka Dharwad

..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....

New India Assurance Co.ltd., Vs. North West Karnataka

Court : Karnataka Dharwad

..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....

The Divisional Manager Vs. N.w.k.r.t.c. Gokul Road, Hubli.

Court : Karnataka Dharwad

..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....

New India Assurance Co., Ltd., Vs. The North West Karnataka Road

Court : Karnataka Dharwad

..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....

B.C. Ramachandra S/O Chikkashetty Vs. State of Karnataka by Channaraya ...

Court : Karnataka

Reported in : 2007CriLJ475

..... deposed against the prosecution and did not support the case of the prosecution has also proceeded on the principle of res ipsa loquitur to hold that the nature of the accident was such that the circumstances spoke for themselves and it was inevitable to hold that the accused was guilty of the offence. ..... in paragraph 24 of the judgment, the appellate court observes that the accused did not adduce any evidence to show that at the time of the accident, a ksrtc bus was standing on the left side of the road and that he was crossing the bus taking the fire engine to his right side and at that time, a ..... the trial court has however recorded a finding that looking to the nature of the accident that had taken place and the injuries sustained, coupled with the fact that the vehicle was taken to the right side of the road and dashed against ..... are: firstly, all the circumstances, including the objective circumstances constituting the accident, from which the inference of guilt is to be drawn, must ..... 12 are the officials engaged in the fire engine department present in the vehicle when the accident took place and who have also sustained simple injuries. ..... admitted in the cross-examination that he could not say whether the accident occurred due to the fault of the driver of the fire engine ..... the courts below has been approved in the facts and circumstances of the said case wherein the accused in his 313 statement did not give any explanation as to how the alleged accident took place according to him. .....

The Oriental Insurance Company Limited, City Branch, Represented by th ...

Court : Karnataka

Reported in : 2007ACJ1497

..... under:1) what is the liability of the insurance company in the event of any employee of the insured of the goods vehicle is injured, who is carried in the vehicle, when the said vehicle is the cause of the accident which took place on 16.5.1990?2) what is the liability of the insurance company in so far as payment of compensation for the injuries sustained by an authorized representative of the owner of the goods carried in a vehicle, when ..... : [2003]1scr537 wherein it has been held as under:the inevitable conclusion, therefore, is that provisions of the act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods ..... compensation for injury sustained or death caused to gratuitous passengers, fare paying passengers, and owner of the goods or his representative who travels in the goods vehicle, when that vehicle meets with an accident.2) in claims covered under the provisions of the motor vehicles act, 1988, arising from 1-7-1989 till 14-11-1994, the day the amendment act came into force, the insurance company is not ..... anything to the contrary contained in section-ii-1(c) it is hereby declared and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except fatal accident act 1855) in respect of death of or bodily injury to any person not being an employee of the insured nor carried for hire or reward provided the person is(a) the owner or representative of .....

The New India Assurance co.ltd Vs. Durgappa

Court : Karnataka

..... report and also spot panchanama, we visualize that not maintaining safe distance between two vehicle was the major cause for the accident, and the mini lorry has to bear more liability rather than what is already fasted by the tribunal. ..... it is an admitted fact between the parties that the claimant suffered multiple grievous injuries in the vehicular accident occurred on 19.03.2011 involving the mini lorry bearing registration no.ka-03-b-9931 on which he was on duty and ..... award, claim petition filed by the claimant/appellant of mfa no.5874/2014 in respect to the injuries suffered by him in the road traffic accident on 19.03.2011 was allowed by awarding compensation of rs.17,99,000/- with interest at 8% per annum directing the insurance companies i.e. ..... only a device to get away from the hazard attending the court on all hereby dates with the uncertainty of time and result, which is why the accused charge sheeted in respect of road traffic accident would prefer pleading guilty to the accusation, and wash off their hands by paying penalty. ..... the above two aspects thus: in assessing the compensation the jury should take into account two things, the pecuniary loss the plaintiffs sustains by the accident; secondly, the injury he sustains in his person, or his physical capacity of enjoying life. ..... to assess the damages objectively and exclude from consideration any speculation or fancy, though some conjecture with reference to the nature of the disability and its consequences, is inevitable. .....